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Alleged Malicious Defamation, Unilever Sues Deodorant Brand Fussy

Recently, Unilever reported to the U.K.’s advertising watchdog that an advertisement for deodorant brand Fussy, which shares an image of a deodorant product called “Mynx,” which is one word different from Unilever’s Lynx brand, was allegedly defamatory.

The controversial Instagram post, published in December 2023, displayed the ‘Mynx’ deodorant with distinct green, red, and black packaging. The caption highlighted the £733 million spent on unwanted gifts annually and proposed ‘Mynx’ as a sustainable alternative to the UK’s top Christmas gift sets.

In what appeared to be a thinly veiled reference to Unilever’s popular Lynx deodorant, Fussy’s post included a disclaimer stating that ‘Mynx’ was not a real product and likened its existence to a fantastical unicorn riding a jelly bean rainbow—”delightful, but definitely not happening.” Fussy’s CEO and founder, Matt Kennedy, echoed this sentiment on his personal LinkedIn profile.

Unilever filed a complaint with the Advertising Standards Authority (ASA), asserting that the advert defamed its Lynx products. Fussy defended its post as an “editorial social media post” about a fictional product, claiming it did not intend to allude to Lynx. However, Fussy admitted it could not substantiate the claim that £733 million was spent on unwanted Christmas presents, and agreed to remove the social media posts.

The ASA found Fussy’s argument unconvincing, determining that consumers would likely recognize the ‘Mynx’ branding as nearly identical to Lynx. The watchdog noted that the repeated use of the term “unwanted” was pejorative, implying Lynx was less desirable than competitors, including Fussy. Furthermore, the ASA concluded that the name ‘Mynx,’ in reference to Lynx, was derogatory and would be understood by consumers as referring to a flirtatious person who enjoyed causing trouble.

As a result, the ASA formally banned the advert, warning Fussy to refrain from discrediting Lynx or other competitors in future campaigns.

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